https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • Microwave/RF
    • T&D World
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

More advice

More advice

  • Written by raidee
  • 1st October 2018

If the investigation is criminal in nature, it’s very important to avoid disrupting what is now a crime scene, even if the disruption is innocent and not borne of a desire to obstruct.

“If you start messing around with a crime scene, you’re going to go to jail. You need to avoid that, you need to know up front how you’re going to handle these things” Foulke said. “You need to have multiple managers, at least two, observing what’s being done by the company in order to preserve any evidence. Because, I guarantee you, if you start moving stuff, they’re going to start asking a lot of questions — the police, OSHA and whoever else.”

He added that it’s never a good idea to tell an OSHA investigator to come back with a warrant. But OSHA understands the need for having company officials present during an investigation, and investigators generally are willing to wait for them to arrive, within reason.

“You need to make sure that you have two managers for any inspector there. … You have to have people with them at all times, people who are knowledgeable and know how to respond to questions without disclosing information or making admissions that are binding against [the company],” Foulke said.

In addition to company officials, an attorney should be present during a criminal investigation, particularly when a fatality has occurred as a result of an alleged OSHA violation. It’s also a good idea to get your insurance carriers involved from the outset — but you have to control them, Foulke advised.

“They’ll automatically think that they know … what caused the accident, and they’ll [make] statements and reports that really hurt the company,” Foulke said. “That’s why you have to coordinate that — you cannot let that happen to you. … This is all discoverable, and all of a sudden, this guy is a witness for OSHA, and even for the plaintiff’s lawyers.”

Foulke outlined a four-point defense plan that asks the following key questions:

  • Are policies and procedures in place?
  • Have employees been trained on these policies and procedures?
  • Have regular, documented audits been conducted to ensure that policies and procedures are being followed?
  • Are employees who have violated the policies and procedures disciplined?

Answering each of these questions in the affirmative will make it very difficult for government or plaintiff attorneys to establish that a willful violation of OSHA requirements has occurred, Foulke said.

Of these, the most important is the first — Foulke advised tower owners and operators to establish safety programs that exceed OSHA’s requirements. Doing so will avoid a lot of headaches, legal fees, fines and incarceration. It also will avoid a good deal of heartache.

“It’s important because it will keep you from having to do the worst job you’ll ever have to do,” Foulke said. “And that’s having to tell someone that their [loved one] is not coming home tonight, because they got killed on the job.”

Tags:

Related Content

  • More advice
    Newscan: Companies were slow to remove Russian spies’ malware, so FBI did it for them
  • Southern Linc CEO says utilities, critical entities at ‘inflection point’ on private LTE
  • FCC's Rosenworcel promises broadband map this fall
  • What’s Your Network IQ?

Commentary


LTE and liability: Why the fire service must move forward with digital incident command

  • 2
6th May 2022

Partnership and collaboration must be the foundation for emergency communications

18th April 2022

FirstNet success means no hypothetical ‘shots’ need to be fired, Swenson says

22nd February 2022
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

Judge orders Hytera to make large royalty payment this month to Motorola Solutions dlvr.it/STRRQc

6th July 2022
UrgentComm

Sesame Solar leverages mobile solar, hydrogen to power efforts beyond the grid dlvr.it/ST8m3K

1st July 2022
UrgentComm

Newscan: On front lines, communications breakdowns prove costly for Ukraine dlvr.it/ST7fnC

30th June 2022
UrgentComm

China-backed APT pwns building-automation systems with ProxyLogon dlvr.it/ST6q7m

30th June 2022
UrgentComm

Samsung fills its 2G hole in new challenge to Ericsson and Nokia dlvr.it/ST6hBK

30th June 2022
UrgentComm

Militarized drone swarms coming dlvr.it/ST6dNz

30th June 2022
UrgentComm

Take American City & County’s budgeting survey dlvr.it/ST6Yxb

30th June 2022
UrgentComm

Final cases made about Airwave, ESN, before CMA issues provisional decision on Motorola Solutions dlvr.it/ST4Q6X

29th June 2022

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • Microwave/RF
  • T&D World
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookies Policy
  • Terms
Copyright © 2022 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.
This website uses cookies, including third party ones, to allow for analysis of how people use our website in order to improve your experience and our services. By continuing to use our website, you agree to the use of such cookies. Click here for more information on our Cookie Policy and Privacy Policy.
X